Do i need a lawyer for small claims court?

[greeneyz_21]

What is the name of your state (only U.S. law)? Arizona

Ok i have a problem my grandma has a will that entitled everyone to a inheratance but the grandkids had to wait till thay were 19yrs old to recieve it. My uncle is the excecutor of the will has tried to say that before my grandma died she told him and my aunt that we had to use our money for a mission with the LDS church or go to school with it but, it dosen't state that in the will. oh and the money is also in a account that has been earning interest for three,almost four years now. I am now 22 yrs old almost 23 in march and i still have yet to see a cent of my money or the inerest it has incrued.i have tried to reason with my uncle to work things out but i am getting no where.I need help because i have no knowledge of the laws in arizona about wills!!
Thanks
Greeneyz_21

 

[Dandy Don]

If you know the city and state where your grandmother died, then visit the county courthouse probate court for that city or call them to find out if your grandmother's probate file exists or not. If a file is there, it will contain the will and you can look at the file to get a copy of the will to see if the stipulations are in there or not.

If she had a trust and no will, then the trust will not be recorded anywhere as public record. You will need to get a trust attorney (IF she had a trust) to represent your interests and to negotiate with the executor/uncle/trustee to get your money.

And you need to ask your attorney if you have the right as beneficiary to ask the trustee for an annual accounting statement and for a copy of the trust. Most states allow this request by certified letter.

 

[greeneyz_21]

respponce for dandi don

ok i do have a copy of her will and those stipulations are not in there. The only stipulation is that we had to be 19yrs old.So whats my next step now?Do i need a lawyer for small claims court or can i file myself ?and i think my uncle has a lawyer already to represent him in small claims court. what am i suppost to do now?
Thanks
greeneyz_21

 

[Zigner]

ok i do have a copy of her will and those stipulations are not in there. The only stipulation is that we had to be 19yrs old.So whats my next step now?Do i need a lawyer for small claims court or can i file myself ?and i think my uncle has a lawyer already to represent him in small claims court. what am i suppost to do now?
Thanks
greeneyz_21

How much money are you talking about?

 

[greeneyz_21]

response

like five thousand with out all the interest but these days five thous is a lot and could really help.What do i do?
Thx
greeneyz_21

 

[Dandy Don]

You did not mention anything previously about a small claims court case. If you have a certified copy of the will, then I guess you are ready to go to small claims court and there is nothing else you need to do to prepare.

 

[latigo]

What is the name of your state (only U.S. law)? Arizona .I need help because i have no knowledge of the laws in Arizona about wills!

Unfortunately for you, neither does DD! Not in Arizona, South Dakota or Africa’s Somalia Land does DD know a blessed thing about probate or any other area of jurisprudence!
________________________

First, this has nothing to do with small claims court.

Secondly, what your officious, meddlesome, pious Mormon uncle “claims grandma told him” with regard to the intended use of her specific bequests to her grandchildren is absolutely meaningless, UNLESS it is also declared in her last will and testament.

Because neither your uncle, nor Thomas S. Monson, the LDS Church President, nor the probate court can alter the written terms of her will!

As you have acknowledged your immediate problems in asserting your rights to the inheritance are financial and geographical.

But you have two choices as I see them. You can kiss the money goodbye (hopefully not belatedly) or you can take a firm stand against the uncle’s overreaching.

If you chose the later, what I would have you do first is to send a certified letter to your uncle demanding in no uncertain terms that he immediately remit your portion of the inheritance together with a full written accounting of his activities as the personal representative.

Also, make it known that if you do not get a satisfactory response to your demands, that you intend to engage the services of an Arizona attorney.

IMPORTANT Be sure to note in the letter that a copy is being sent to the to the Arizona probate court. * (No one in the courthouse will read the letter, but it will be placed permanently in the court file. And uncle will know that it will be in the court file.)

If you could get a local attorney to write the demand letter, all the better.

Good luck


[*] You can readily obtain the mailing address for the clerk of the probate court by googling the county offices in the county where grandma was living at the time of her death.

 

[greeneyz_21]

reply

ok so i have talked to my uncle via email and he is acting like he wants to compromise on things but he is suppost to call me this week to talk things out and how do i firmly tell him that i want my money no if and or buts with out sounding upset or pissing him off??Help

 

[BlondiePB]

ok so i have talked to my uncle via email and he is acting like he wants to compromise on things but he is suppost to call me this week to talk things out and how do i firmly tell him that i want my money no if and or buts with out sounding upset or pissing him off??Help

Read latigo's reply again and follow those directives.

 

[anteater]

ok so i have talked to my uncle via email and he is acting like he wants to compromise on things but he is suppost to call me this week to talk things out and how do i firmly tell him that i want my money no if and or buts with out sounding upset or pissing him off??Help

Run through the conversation in your head - a lot.

Get a friend to role play with you.

Have your message down pat and stick to it.

 

[Dandy Don]

Get an attorney to represent you and act as your mediator. You are too naive and not knowledgeable enough about the law, and if you do this yourself your sneaky uncle is going to find other ways to continue taking advantage of you, AGAIN and AGAIN!